DriveNow carsharing

General Terms and Conditions of DriveNow UK Limited

Last updated on 11th of June 2019

Definitions

Applicant: A person who wishes to be accepted by DriveNow as a User of their services.
Designated Zone: The area shown on the DriveNow Screen (or on the DriveNow Website or DriveNow App) in which Vehicles must be returned in accordance with and subject to Clause ‎7.
DriveNow: DriveNow UK Limited (Company registration number 09265833).
DriveNow App: The DriveNow mobile application.
DriveNow Customer Card: An optional customer card which a User can request from DriveNow to access DriveNow services. 
DriveNow Insurance: Has the meaning given to it in Clause ‎11.1.
DriveNow Screen: A screen located within Vehicles allowing Users to access and input necessary information in relation to the use of the Vehicle. 
Customer Service Hotline: A 24-hour service centre which may be contacted online or by telephone (including via the DriveNow App).
DriveNow Website: the website www.drive-now.com, its sub-domains and, where relevant, the DriveNow App. 
Free Reservation: Has the meaning given to it in Clause ‎5.1.
Paid Reservation: Has the meaning given to it in Clause ‎5.1.
PIN: Personal Identification Number created by the User during the registration process.
Rental Period: The period beginning with the confirmation of the booking in accordance with Clause ‎5.6, and ending with the proper return of the Vehicle in accordance with Clause ‎7 (subject to Clause ‎10.2).
Reserved Vehicle: A Vehicle reserved by the User in accordance with Clause ‎5.1.
User: A person eligible to make reservations and use a Vehicle under these Terms as defined by Clause ‎3.
Vehicle: A vehicle provided by DriveNow for the User in accordance with these Terms.

1    Subject and right to make amendments

1.1    These General Terms and Conditions (the "Terms") shall apply to all rentals commencing in the UK of Vehicles provided by DriveNow to any User, and shall apply to the blanket contract entered into pursuant to Clause ‎2.1. 

1.2    Entry into the blanket contract shall not create any entitlement to conclude individual rental contracts. The Terms (as amended from time to time) shall also apply to the driving licence check set out in Clause ‎3 and to any individual rental contract which is entered into pursuant to Clause ‎5.6.

1.3    DriveNow shall be entitled to change the Terms for an existing blanket contract and any future individual rental contracts provided such changes are reasonable for the User. The User shall be notified promptly in writing (including email) of any such amendments to the Terms. The amendments shall be deemed to have been approved and to be binding by amending the blanket contract if the User does not object to them by terminating the blanket contract in accordance with Clause ‎17 within one month after being notified of the amendments. The User’s attention shall be drawn to the form of the objection and the consequences of failing to react to notification from DriveNow relating to amendments.

1.4    Breach of the Terms by User may result in User incurring additional charges as set out in Clauses ‎11 to ‎13 of the Terms and/or DriveNow terminating the blanket contract in accordance with Clause ‎17. 

2    Conclusion of the blanket contract and requirements for use

2.1    A blanket contract shall be entered into when the Applicant registers with DriveNow on the terms set out in Clause ‎17 and, by clicking to accept these Terms on the DriveNow Website, the Applicant agrees to these Terms and the related documents referred to herein. 

2.2    The conclusion of this blanket contract is the first requirement for renting Vehicles. However, entry into the blanket contract does not mean that DriveNow will designate the Applicant a ‘User’ or enable their DriveNow account. The Applicant will only be designated a User and have their DriveNow account enabled when DriveNow confirms that the Applicant’s registration has been accepted.

2.3    The Applicant may only register with DriveNow to become a User if the Applicant:

(a)    has agreed to these Terms in accordance with Clause ‎2.1 above;

(b)    is at least 23 years of age, but under 70 years of age;

(c)    holds and is in possession of a current full and valid driving licence for the use of motor vehicles that is valid in the UK and which has been held for a minimum of 24 months without interruption (if aged between 23 and 27) or a minimum of 12 months without interruption (if aged 28 or over);

(d)    has fewer than 7 points on their driving licence (or the equivalent if the driving licence is not a UK driving licence);

(e)    has not been convicted of any drink or drug driving offence at any time during the last 5 years;

(f)    has not been convicted of driving without insurance at any time during the last 5 years;

(g)    has had no more than 1 fault driving accident during the last 3 years; and

(h)    has the financial means to pay the charges due under these Terms when due.

2.4    The Applicant will pay a one-off registration fee once they are designated by DriveNow as the User, and this fee will be charged in accordance with the price list as shown on the DriveNow Website at the time.

2.5    The User is granted the possibility of renting Vehicles from DriveNow on the basis of these Terms as applicable from time to time (as displayed on the DriveNow Website). Unless otherwise agreed, when an individual rental contract is concluded the charges stated in the current price list at that time will apply. The current DriveNow price list is available on the DriveNow Website.

2.6    Neither DriveNow nor the User has a right to a minimum number of individual rental contracts that must be concluded.

2.7    The User must immediately notify DriveNow in writing in the event: 

(a)    they no longer fulfil the requirements set out in Clause ‎2.3 

(b)    the User is otherwise disqualified from driving; or  

(c)    there are any other circumstances which prevent or restrict the User’s lawful use of Vehicles, and the User’s right to use Vehicles under any agreement with DriveNow shall immediately cease in such event. 

3    Driving licence check
3.1    By completing the DriveNow application process on the DriveNow Website, the Applicant grants permission for DriveNow (or its authorised service providers) to contact:

(a)    the UK Drivers and Vehicle Licensing Authority (DVLA) (or the equivalent body if the User’s driving licence is not a UK licence); 

(b)    insurance companies; and/or

(c)    credit reference agencies, 
to request identity verification and driver licence information regarding the Applicant. 

3.2    The Applicant grants permission for DriveNow or its service providers to obtain information from the full electoral roll relating to the Applicant in order to verify their identity and assess their eligibility for membership. The Applicant acknowledges that this may leave a search footprint on the Applicant’s credit file which may be visible to lenders who undertake future credit checks, although it should not affect the Applicant’s credit score. 

3.3    DriveNow shall conduct a driving licence check before a Vehicle is rented for the first time and thereafter at regular intervals, generally every year. DriveNow shall however be entitled to conduct a driving licence check at any time.

3.4    The driving licence check shall generally take place online via the DriveNow Website or DriveNow App, if necessary with a service provider completing the check. In the event that a service provider is used, the Applicant’s personal data shall only be sent to said provider for the purposes of checking the Applicant’s driving licence. DriveNow shall only be sent the result of the check by the service provider after it has taken place. The Applicant shall be notified of any non-validation and shall then be referred to the Customer Service Hotline. 

4    DriveNow account, electronic vehicle key and personal PIN

4.1    On conclusion of the blanket contract, the Applicant shall become a User and shall be sent the access data for his DriveNow account. 

4.2    After the driving licence check described in Clause ‎3, the User’s DriveNow account shall be enabled for using DriveNow services. The DriveNow account shall be in the form of an electronic vehicle key and may be used with a DriveNow Customer Card or the DriveNow App. DriveNow shall remain the owner of the electronic vehicle key.

4.3    The PIN entered by the Applicant during the registration process shall act as a PIN with which the User can authenticate themselves when renting a Vehicle.

4.4    The User may not pass on their DriveNow Customer Card, PIN or the access data for their DriveNow account to third parties, in particular not to aggregation platforms, and must keep them safe and protected from access by unauthorised third parties. Written records of the PIN must not be kept in the immediate vicinity of the DriveNow Customer Card and must not be kept in the Vehicle or noted on a driving licence. DriveNow will never ask the User for their PIN or user name and password.

4.5    The User must notify DriveNow without delay of:

(a)    the loss, damage or destruction of the DriveNow Customer Card;

(b)    any loss of the access data to the DriveNow account or PIN; or

(c)    circumstances where the confidentiality of the above information has been compromised.

The User may contact DriveNow by calling the Customer Service Hotline or by emailing service@drive-now.co.uk for this purpose and can apply to have their PIN blocked (where relevant). In the event that DriveNow receives the notice outside of its normal business hours (which are Mondays to Fridays from 9am to 6pm, except for public holidays) such notification would not be acted upon until after the commencement of the next working day following such receipt. 

4.6    The DriveNow account is non-transferable and all rights to the account shall become null and void on the death of the User or the termination of the blanket contract.

4.7    To enable companies and their employees to complete and bill business trips using DriveNow, DriveNow provides companies with the opportunity to open a DriveNow company account. To enable DriveNow business trips to be completed for their company, the employees of this company may link their own DriveNow account to the company’s DriveNow business account. The company may apply for one or more personalised administrative accounts for its DriveNow business account to manage the employees linked to the DriveNow business account.

5    Reservations, opening the Vehicle and individual rental contracts

5.1    The rental of a Vehicle shall only be permitted if the User has a current driving licence. Furthermore, the maximum rental period of a Vehicle shall generally be 24 hours unless the User has booked an hourly or daily package. Vehicles on which an hourly or daily package has been booked, may be used for a maximum of 24 hours in addition to the rental period of the booked package. The User shall not be entitled to use multiple booked hourly or daily packages for the same Vehicle without limit and without a break. Therefore, a maximum of three hourly or two daily packages may be booked consecutively for the same Vehicle.

5.2    The User shall be entitled to rent a Vehicle either with or without a prior reservation. If a Vehicle has been reserved (a “Reserved Vehicle”) it shall be held for the User for 15 minutes free of charge (a “Free Reservation”), or for a maximum of eight hours for a reservation involving payment (a “Paid Reservation”). DriveNow shall not be entitled to rent a Reserved Vehicle to another user for the duration of the relevant reservation period. However, if an individual rental contract is not concluded during a relevant reservation period, DriveNow shall be entitled to release the Reserved Vehicle for another user.

5.3    To make a Free Reservation the User must click on the ‘Reserve’ or equivalent button using the DriveNow App. This constitutes an offer to reserve a Vehicle and may be accepted or refused by DriveNow by displaying a dialogue or by sending a written declaration. A maximum of three consecutive Free Reservations may be made without a Vehicle being rented with payment. If the fourth Free Reservation elapses without the Vehicle being rented, the User’s DriveNow account shall be disabled. DriveNow shall be entitled to re-enable the User’s DriveNow account at its discretion once it has been clarified whether the DriveNow account has been misused. In the event of doubt, the User account shall remain disabled. 

5.4    To make a Paid Reservation (for up to a maximum of eight hours) the User must click on the ‘Reserve with payment’ or equivalent button using the DriveNow App. This constitutes an offer to reserve a Vehicle and may be accepted or refused by DriveNow by displaying a dialogue or by sending a written declaration. If accepted, DriveNow shall charge a fee based on the tariff list in force at the time for Paid Reservations (“Reservation Fee”). If an individual rental contract is not concluded during a Paid Reservation and it expires, or the User cancels the Paid Reservation, the User shall still be liable to pay the Reservation Fee. 

5.5    The Vehicle can be opened by the User using either their DriveNow Customer Card or the DriveNow App. The User undertakes either to rent or leave the Vehicle immediately after it has been opened. 

5.6    The User and DriveNow shall conclude an individual rental contract for every use of a Vehicle. For this purpose, the User must enter their PIN on the DriveNow Screen or the DriveNow App, or verify themselves using another authentication facility provided by DriveNow. After authentication, the User must click on the ‘Start rental’ button or an equivalent button on the DriveNow Screen. When the PIN is entered using the app, the ‘Start rental’ button may be replaced by the last number of the PIN or the touch / face ID function. This offer to reserve a Vehicle may be accepted or refused by DriveNow by displaying a dialogue or by sending a written declaration. 

5.7    The period of usage for which payment must be made shall commence once the individual rental contract has been concluded.

6    Checking the Vehicle before starting a journey

6.1    Before commencing any journey the User shall thoroughly check that the Vehicle and all accessories are clean and free from any defect or damage, and report to DriveNow any defects and damage which are apparent to the User and are not identified in the DriveNow App or the DriveNow Screen prior to starting the rental by calling the Customer Service Hotline. The Customer Service Hotline will inform the User whether or not the journey may be commenced notwithstanding the reported damage. It is imperative that any new damage be reported by the User before any attempt is made to start the engine. This is important so that such damage can be attributed to the person responsible otherwise the inference will be that the User was the person responsible for the damage. If the Vehicle is an electric vehicle, the User must also check that there is a charging cable in the Vehicle.

6.2    When the damage menu is engaged and displayed on the DriveNow Screen a warning shall appear drawing the User’s attention to the importance of checking the Vehicle for new damage and reporting details of any such damage on the Vehicle. If the User does not report any new damage before starting the engine the Vehicle shall be deemed to be in visually and mechanically sound condition, and to be free from defect or damage (apart from any damage which was disclosed in the damage menu prior to the commencement of any journey or rental period). The User may be charged for any new damage that is discovered when the Vehicle and any accessories are checked. 

7    End of the Individual Rental Contract and Return of the Vehicle 

7.1    The individual rental contract may be terminated at any time either by the User or by DriveNow in accordance with this Clause ‎7. After the termination of the individual rental contract, the Vehicle must again be freely accessible for other users. 

7.2    To terminate the individual rental contract, the User must first comply with the requirements of this Clause ‎7. The User can then terminate the individual rental contract using the DriveNow App, or where applicable, by holding a DriveNow Customer Card against the reading unit on the windscreen until the lamp on the unit changes from red to green. Termination is also possible using the ‘Customer Handshake’ function which transfers the Vehicle to a subsequent user. 

7.3    The termination of the individual rental contract can only take place when the Vehicle is within the boundaries of the Designated Zone and in approved parking locations/bays (as further described on the DriveNow Website). Individual rental contracts shall continue if Vehicles are not appropriately parked and the User shall continue to incur charges and retain responsibility for the Vehicle unless the procedure set out in Clauses ‎7.5 and ‎7.6 is followed. 

7.4    The User may park the Vehicle in areas where the right to park is restricted in terms of day or time, or where a prospective parking ban is to come into force (as further described on the DriveNow Website), only if the parking restriction does not take effect until 48 hours after parking the Vehicle. 

7.5    If the termination of the individual rental contract fails, for example because a mobile phone connection cannot be established, the User must re-park the Vehicle and make another attempt to terminate the contract. If the termination of the individual rental contract fails again even after re-parking, the User may call the Customer Service Hotline and terminate the rental contract by telephone. 

7.6    If termination of the individual rental contract fails for other technical reasons, the User must immediately report this to the Customer Service Hotline in order to agree on how to proceed. If the User is not responsible for the inability to terminate the rental, any additional rental costs incurred shall be reimbursed. 

7.7    When the individual rental contract is terminated the Vehicle must still have a remaining range of at least 15 miles. The remaining range can be ascertained via the DriveNow Screen. 

7.8    A Vehicle is only properly returned (or properly parked) if:

(a)    the interior of the Vehicle is left in a clean condition;

(b)    the Vehicle is properly secured against theft (including the application of any handbrake or parking brake) and locked using the electronic access medium on the DriveNow reader in the Vehicle's windscreen or via the DriveNow App. In particular the doors and windows must be closed and locked, the steering-column lock must be set and the lights switched off. If the Vehicle is a convertible, the roof must be fully closed and secured;

(c)    the Vehicle is returned with all of the documentation provided; and

(d)    all of the equipment and accessories supplied with the Vehicle remains in the Vehicle.

8    User's duties when renting the Vehicle

8.1    The User undertakes to ensure that it is capable of driving the Vehicle for the rental period when it rents the Vehicle and, subject to Clause ‎8.2, the User must not permit other people to drive the Vehicle. 

8.2    In certain exceptional circumstances, the User may permit a passenger or another third party to drive the Vehicle. An exceptional circumstance of this nature must not be caused intentionally or by gross negligence of the User and requires the consent of DriveNow. An exceptional circumstance may include the impairment of the User's ability to drive due to poor health. In these circumstances, the User undertakes to ensure that the third party satisfies the criteria set out in Clause ‎2.3 relating to minimum age and driving licence before allowing them to drive.

8.3    Whenever parking or otherwise leaving the Vehicle unattended, the User must secure it against the risk of theft and ensure before leaving the Vehicle that all the windows, doors, any sunroof or collapsible roof and fuel caps are locked and secured.

8.4    The User shall comply with the Road Traffic Act 1988, The Highway Code and all applicable laws, rules and regulations relating to the use of vehicles on public roads.

8.5    The User shall use the Vehicle and its accessories reasonably, considerately, responsibly and with courtesy shown to pedestrians and other road users.

8.6    The User shall drive in a safe and fuel-efficient manner, in the interests of the general public and the environment. 

8.7    The User shall not under any circumstances use the Vehicle for:

(a)    motor sport; speed trials or racing of any kind;

(b)    vehicle tests, driver training or off-road driving;

(c)    carrying passengers for reward or as a taxi or otherwise driving people for commercial purposes;

(d)    renting out to any sub lessees;

(e)    committing criminal or immoral acts;

(f)    carrying dangerous, flammable, toxic or other hazardous substances;

(g)    transporting objects, which due to their form, size or weight might impair safe driving or may cause damage to any part of the Vehicle or any other property;

(h)    towing trailers, vehicles or other objects; or

(i)    transporting animals unless they are in a closed cage which is safely and lawfully stored in the boot of the Vehicle.

8.8    The User must not:

(a)    drive or otherwise take the Vehicle or allow the same to be taken outside mainland Great Britain;

(b)    drive the Vehicle under the influence of any alcohol, drugs or medications, above the limits prescribed by applicable law or which could otherwise impair the User’s fitness to drive;

(c)    allow infants and small children to be carried without complying with all applicable laws and using such baby car cot, child car seat, or booster seat as might be required for the safety of such child and in compliance with all of the manufacturer's instructions and advice for the fitting and dismantling of such child restraint systems;

(d)    soil or damage or deface the Vehicle or leave rubbish or debris of any kind in the Vehicle;

(e)    smoke or allow passengers to smoke in the Vehicle;

(f)    remove any items or equipment attached to the Vehicle other than the personal property of the User or their passengers or dismantle or tamper with the Vehicle;

(g)    overload the Vehicle or carry more passengers than the Vehicle is designed to carry;

(h)    use the fuel card/re-charging card to refuel/recharge any other vehicle;

(i)    use the Vehicle to carry any luggage, goods or other objects, or transport such items in the Vehicle in a way, which is:

       (i)    likely to cause injury or offence to the User, a passenger or any other person;

       (ii)    likely to cause damage to the Vehicle or any other property;

       (iii)    likely to adversely affect the safe operation or roadworthiness of the Vehicle; or

       (iv)    prohibited by law;

(j)    dismantle and/or tamper with the Vehicle in any way (or attempt so to do); or

(k)    carry out any repairs, modifications or towing of the Vehicle, or enter into any agreements, contracts or other arrangements for the repair, modification or the towing of the Vehicle without the prior consent of DriveNow.

8.9    The User shall ensure any passenger carried in the Vehicle is in compliance with the obligations set out in this part of these Terms.

8.10    In the event of any breach of this part of these Terms DriveNow shall be entitled to terminate the rental agreement without notice to the User and/or to rescind the rental agreement in either case without DriveNow incurring any liability for such termination or rescission. Any such termination or rescission shall be without prejudice to any claim for damages or other rights of action which would be available to DriveNow.

8.11    DriveNow shall be entitled to make contact with the Vehicle by means of its installed telephone facility if the Customer Service Hotline become concerned that there are any problems with the rental or usage process (e.g. the driver opens the Vehicle but does not begin the rental within 20 minutes of gaining access to the Vehicle or if the Vehicle is not properly locked and secured following confirmation that the booking period has ended).

9    DriveNow liability

9.1    Nothing in these Terms shall exclude or restrict the liability of DriveNow for:

(a)    death or personal injury caused by its negligence;

(b)    fraud;

(c)    fraudulent misrepresentation; or

(d)    any matter for which it would be illegal to exclude or attempt to exclude liability.

9.2    DriveNow is only liable to the User for losses sustained as a direct result of its breach of these Terms and which are reasonably foreseeable. DriveNow is not liable for any other losses including, but not limited to: 

(a)    business losses the User may incur, including lost profits; and

(b)    losses relating to any items of User left in the Vehicle after the termination of the individual rental contract. Such items will at all times be the responsibility of the User. 

9.3    DriveNow may keep items found in a Vehicle for a maximum of four weeks. If the User fails to claim them within this period, the items shall be destroyed and valuables shall be sent to the appropriate authorities. Items may only be collected by the User or a third party bearing written authorisation from the User. 

9.4    DriveNow is not liable for any failure to comply with these Terms which arises for reasons beyond its control.

10    Duties in the event of accidents, damage, theft, destruction and other loss of the Vehicle

10.1    In the event of an accident involving the Vehicle, a theft of the Vehicle, any apparent defect arising with the Vehicle (including but not limited to a warning light appearing on the dashboard of the Vehicle) or if any damage or injury is caused to any person or property arising from the use of the Vehicle, the User must:

(a)    if applicable, stop driving the Vehicle as soon as it is safe to do so;

(b)    as soon as practicable contact the Customer Service Hotline by telephone:
       
       (i)    to notify DriveNow of the accident/damage/injury/defect/theft;

       (ii)    for instructions as to who to contact in respect of any claim against DriveNow;

        (iii)    and co-operate fully by providing all necessary information requested by DriveNow  or its agents including but not limited to its insurance company;

(c)    report the accident/damage/injury/theft to the police, irrespective of whether the same was the fault of the User. The User also confirms that they will fully co-operate with DriveNow and the police and provide all necessary information requested;

(d)    stay at the scene of the accident/damage/injury/theft, unless required to leave by law, until:

       (i)    the police have been informed;

       (ii)    any necessary steps have been taken to secure evidence and minimise damage, in consultation with DriveNow; and

       (iii)    the Vehicle has been taken away by a vehicle recovery company (whom has been instructed by DriveNow or with the permission of DriveNow) or, in consultation with DriveNow, safely parked or driven away by the User;

(e)    not make any admissions of liability to any other party involved;

(f)    obtain the names, addresses and other contact details from all persons involved, including any witnesses; and

(g)    complete and return by post within 7 days of the accident the damage report form sent by DriveNow.

10.2    In the event of an accident, the rental agreement shall not terminate until the Vehicle has been properly returned in accordance with Clause ‎7. However, if the Vehicle is no longer operational or roadworthy because of an accident, the rental agreement shall terminate by agreement with DriveNow upon the Vehicle being handed over to the vehicle recovery company.

11    DriveNow Insurance, User’s excess and User’s liability, 

11.1    All Vehicles are covered by a motor liability insurance policy with the minimum insured sums required by law (the “DriveNow Insurance”). Indemnity is granted under the DriveNow Insurance to the User subject to all its terms, conditions and exclusions.

11.2    Subject to the terms, conditions and exclusions of the DriveNow Insurance, the User will be covered by the DriveNow Insurance for up to £20,000,000 in respect of accidental damage to another person’s property and for any accidental death or injury to any person arising out of the use of a Vehicle. 

11.3    In respect of any claim made against the DriveNow Insurance (whether by the User or otherwise) arising from the User’s use of a Vehicle, the User must pay the policy excess of £750, subject to Clause ‎11.4.

11.4    The User may reduce the excess payable (as referred to in Clause ‎11.3) by purchasing a protection package (Collision Damage Waiver or “CDW”) at the point of commencing the rental period using the DriveNow Screen or the DriveNow App. The cost of the protection package is set out in the current price list (as applicable at the time of the rental). The purchase of CDW is optional and may be declined. A CDW purchased by the User does not alter the terms, conditions and exclusions of the DriveNow Insurance.

11.5    The DriveNow Insurance and the protection packages that the User can purchase may not cover and/or protect the User in respect of: 

(a)    loss of, or damage to, the Vehicle and/or accessories caused by the User’s or any unauthorised driver’s deliberate or intentional act, abuse, negligence or breach of contract, or the User’s failure to comply with any request for information from DriveNow. In these circumstances the User will be responsible to pay all losses, damages and/or additional costs incurred;

(b)    any goods or personal possessions that the User carries in the Vehicle (which are carried at their own risk) or which are left in the Vehicle when the User returns the Vehicle; or

(c)    loss or damage to the Vehicle arising from theft or attempted theft whilst the ignition key or other removable ignition device has been left in, on or in close proximity to the Vehicle.

11.6    If a User fails to abide by these Terms, including where the User fails to return the damage report form in accordance with Clause ‎‎10.1(g), the DriveNow Insurance may not apply which will make the User responsible for the full cost of any accident or incident and/or any damages and additional costs arising from such accident or incident.

11.7    Any compensation payments received by the User (save in respect of any personal losses sustained by the User) must be paid to DriveNow immediately upon receipt.

12    Additional charges and User's duty to pay compensation

12.1    Save where the User is covered by the DriveNow Insurance under Clause ‎9 the User is liable to pay to DriveNow the following charges (in accordance, where relevant, with the current price list as applicable at the time of the rental) arising from any accident or incident for which they are at fault:

(a)    any loss of or damage to the Vehicle, its accessories or any other property;

(b)    any loss of income incurred by DriveNow due its inability to rent the Vehicle due to damage or otherwise. This loss will be calculated by reference to the published hourly or daily rate for the Vehicle, subject to a maximum period of 30 days;

(c)    any and all penalty charges arising from the use of the Vehicle, including (but not limited to) congestion charges, parking offence charges, road traffic offences, clamping/towing charges and other seizure or storage charges;

(d)    VAT and any other relevant taxes on the aforementioned items; and

(e)    interest on the said charges, payable at a rate of 4% above the base lending rate of the Bank of England.

12.2    The User shall be entitled to provide evidence that any actual charges incurred, or damage or value reduction of the Vehicle which took place, was lower than the amount charged by DriveNow. DriveNow reserves the right to provide evidence that the damages it suffered was higher than the amount set out in the price list (as applicable at the time of the rental).  

12.3    In the event of a dispute between DriveNow and the User relating to the condition of the Vehicle including any existing damage, defects and the assessment thereof, DriveNow shall instruct an independent firm of assessors to determine the condition of the Vehicle and any loss in value. The assessment shall be binding on both parties to the agreement as an adjudicator's award. The parties shall bear the costs of the said assessment in the proportion determined by the assessors. The assessment is without prejudice to any right of action in the courts of England and Wales.

12.4    If the User fails to return the Vehicle properly in accordance with Clause ‎7 then DriveNow may regard the Vehicle as having been stolen. DriveNow will take all lawful means to recover the Vehicle (including reporting to the appropriate authorities). If DriveNow has to take such steps then the User undertakes to pay all reasonable charges and costs that DriveNow may incur in recovering the Vehicle. 

12.5    The User shall be liable for any parking charges, fines or other costs incurred in the event of a breach of Clauses ‎7.3 to ‎7.4, and shall also be liable to pay the charges in accordance with the price list (as applicable at the time of the rental) if the Vehicle must be re-parked by DriveNow, or if a third party is contracted to tow away the Vehicle.

12.6    In the event of breach of Clause ‎7.7 in relation to remaining range, the User shall be liable to pay any additional costs for transporting the Vehicle for refuelling or re-charging and any associated repair costs. 

12.7    In the event of breach of Clause ‎7.8(a) in relation to returning the Vehicle in a clean condition (e.g. rubbish or other debris remains in the Vehicle), the User shall be liable for the costs of cleaning the Vehicle in accordance with the price list (as applicable at the time of the rental) unless:

(a)    the User proves that DriveNow incurred a lesser cost than that shown in the price list – in which event the User shall pay the lesser cost; or

(b)    DriveNow proves that it incurred a greater cost than that shown in the price list – in which event the User shall pay the greater cost.

12.8    If, due to the improper operation of the Vehicle (or any component thereof) by the User, DriveNow requires the deployment and/or attendance of a technician, the User shall pay to DriveNow the charges set out in the price list (as applicable at the time of the rental), unless:

(a)    the User proves that DriveNow incurred a lesser cost than that shown in the price list – in which event the User shall pay the lesser cost; or

(b)    DriveNow proves that it incurred a greater cost than that shown in the price list – in which event the User shall pay the greater cost.
The limitation of the User’s liability to the amount of the excess in Clause ‎9 shall not apply in the event of any operating error by the User.

12.9    For each case in which the ban on passing on a Vehicle or the access data to third parties is breached, the User undertakes to pay a contract penalty as set out in the tariff list in force at the time of the rental.

12.10    As compensation for the costs incurred by DriveNow for handling enquiries by the prosecution authorities to investigate misdemeanours and crimes committed during the rental period, DriveNow shall charge the User for each case as set out in the price list (as applicable at the time of the rental).

12.11    In the event of breach of Clause ‎14.2 in relation to misuse of any fuel/recharging card, the User shall be liable to pay an additional charge of up to £500 for each case of use in breach. DriveNow may also charge the User for compensation of such misuse if it provides the appropriate evidence, and any contract penalty shall be set off against the compensation claim.

12.12    If action by the User results in a replacement fuel card, parking card or DriveNow Customer Card having to be issued, the User shall be liable for the costs set out in the price list (as applicable at the time of the rental) unless the reason for the issuing the new card was caused by DriveNow.

13    Charges, payment terms

13.1    The User authorises DriveNow to charge the payment account (credit card or debit card) stated at the time of the individual rental contract (and for future individual rental contracts unless DriveNow is notified otherwise) for the relevant rental period as well as any other charges which the User owes under or in connection with relevant individual rental contract under the Terms.

13.2    DriveNow shall invoice the User for their use of the Vehicle in accordance with the price list (as applicable at the time of the rental) for each individual rental contract. The current price list can be found on the DriveNow Website. DriveNow shall be entitled to change the price list for future rentals at any time.

13.3    The rental price inclusive of VAT shall be due for payment at the end of the agreed rental term. Payments shall be effected according to the payment method chosen by the User or by setting off against the User’s free minutes or credit balance. When payment is made by credit or debit card, the User must only use their own card or, where a business credit or debit card is used, a card that the User has permission and authority to use. 

13.4    DriveNow will provide an invoice to the User following the conclusion of the rental period by email (to the email address provided by the User). Alternatively, DriveNow will provide (by email) a link allowing the User to access the invoice. The User must immediately notify DriveNow if an invoice is not received within 10 days following an individual rental contract, or if the same cannot be accessed.

13.5    The User is obliged to provide security on their payment card (a deposit) for the fulfilment of its obligations when the rental period commences. The amount of the security taken shall not exceed the amount set out in the price list (as applicable at the time of the rental). DriveNow is not obliged to invest the security separately from its assets. The security shall not bear interest. Unless otherwise agreed, the rental charge, all other agreed charges and the security (deposit) shall be charged to the User’s payment card. Where a credit card is used, instead of debiting the User’s credit card, DriveNow can make a ‘merchant request’ in its favour, have a sum in the amount of the deposit frozen under the credit facility granted to the User by their credit card institution for their credit card. DriveNow can enforce its right to payment of security even a considerable time after commencement of the rental agreement. DriveNow shall arrange the return of the deposit immediately after the termination of the rental to the extent it has not been used to settle the rental charges incurred by the User in accordance with the Terms. The return of the deposit may take up to one month depending on the financial institution involved. DriveNow has no influence on this. 

13.6    The User shall be liable for any processing/administrative costs arising from any late payment of the above charges, as set out in the price list (as applicable at the time of the rental), without prejudice to the right to claim any further damages due to late performance.

14    Fuelling and fuel/recharging card

14.1    If, during the journey or at the end of your journey, the fuel level/charge capacity falls to below 25% of the total capacity, the User must re-fuel/re-charge the Vehicle. The User should:

(a)    use the fuel card/recharging card located within the Vehicle (using the PIN which may be accessed on the DriveNow Screen) if the petrol station/re-charging station is a designated station (a list of designated stations can be found on the DriveNow Screen and in the DriveNow App); or

(b)    at all other petrol stations/re-charging stations, pay the cost of the fuel/re-charging. DriveNow shall reimburse the User in full on presentation of the receipt for the purchase.

14.2    The User undertakes to use the fuel card/re-charging card and re-charging cable respectively solely for re-fuelling/re-charging the Vehicle. 

14.3    The User is responsible for re-fuelling the Vehicle with the correct type of fuel. If unsuitable fuel is added then the User will be responsible for all reasonable expenses incurred by DriveNow in the repair of the damage that may be caused to the Vehicle, such expenses will include any loss including consequential loss, damage and costs. 

15    Electric Vehicles

15.1    For Vehicles which are electrically powered, a re-charging cable is stored in the Vehicle’s boot. Before commencing the journey, the User must ensure that the re-charging cable is present. In the event that the re-charging cable is missing, the User must report this to the Customer Service Hotline as new damage (in accordance with Clause ‎6).

15.2    In the event of an accident, the User must advise any attending emergency services that the Vehicle is an electric vehicle. 

15.3    Electric Vehicles do not produce any engine or other operating noise. The User must therefore be particularly aware of pedestrians and other road users who may be unaware of the presence of the Vehicle.

16    Set-off; right of retention

16.1    The User shall have a right of set-off only if their counterclaims have become final and absolute or are undisputed by DriveNow or have been expressly acknowledged by DriveNow. Furthermore, the User has a right of retention only if and to the extent that any counterclaim is based on the same contractual relationship.

17    Term of the blanket contract, termination, suspension

17.1    The blanket contract shall be concluded for an indefinite period of time and may be terminated at the end of a calendar month by either party giving ordinary notice in writing (including email) of at least 14 days prior to the end of such calendar month. User must pay for any individual rental contracts entered into during the cancellation period in accordance with the Terms. 

17.2    The right of DriveNow to terminate the blanket contract without notice for a material reason, particularly for serious breaches of contract, shall not be affected. 
A material reason shall in particular apply if:

(a)    the User allows unauthorised third parties to drive the Vehicle;

(b)    the User fails to heed the regulations of the Road Traffic Act 1988, The Highway Code or any other applicable laws, rules or regulations relating to the use of vehicles on public roads;

(c)    the User is in default with payments;

(d)    the User is a business customer and is in default with due payments;

(e)    enforcement proceedings are started against the User;

(f)    the User releases a Vehicle which has been seriously soiled for further rental;

(g)    the User uses the Vehicle incorrectly or illegally;

(h)    the continuation of the blanket contract is unreasonable, for example due to an unusual frequency of claims;

(i)    the User damages the Vehicle maliciously;

(j)    the User intentionally conceals or attempts to conceal damage to the Vehicle;

(k)    the User uses the Vehicle to deliberately commit a crime;

(l)    the User provides incorrect information for the blanket contract or has concealed facts and it is unreasonable to continue the blanket contract as a result;

(m)    the User has driven under the influence of alcohol or drugs;

(n)    the User abuses the ‘Refer a Friend’ code;

(o)    the User has a contract under labour law with aggregation platforms and misuses their User account with DriveNow; or

(p)    the User is logged into a DriveNow account simultaneously on more than three devices and does not react correctly to the actions/ instructions of DriveNow since in this case it is assumed that the DriveNow account is being misused.

If multiple rental contracts exist between DriveNow and the User and DriveNow is entitled to the termination of one rental contract without notice for a material reason, it may also declare the immediate termination of the other rental contracts through DriveNow if it is unreasonable to expect it to continue with the other rental contracts. Bonus minutes not acquired using money (for example by refuelling/charging) shall not be reimbursed if the contract is terminated.

17.3    DriveNow may suspend the User’s access to DriveNow services if it suspects that there is a material reason for termination as set out in Clause ‎17.2 until the facts of the matter have been investigated. In the event that the User is suspended, the User shall be notified immediately by email or letter except where the User is also under criminal investigations or DriveNow is otherwise prevented from notifying User by applicable law. 

17.4    The DriveNow account and User’s access to DriveNow services will be suspended at the termination of the blanket contract. 

18    User's duty to provide information

18.1    The User must immediately notify DriveNow of any:

(a)    change of address, email address, contact telephone number;

(b)    change of payment details (credit card or debit card); or

(c)    restriction on or suspension of their entitlement to drive a motor vehicle.

18.2    The User must ensure that they keep their personal details up to date on the DriveNow Website. These details include the User’s:

(a)    full name;

(b)    date of birth;

(c)    permanent address;

(d)    address at the time of hiring a Vehicle under these Terms (if different from the permanent address);

(e)    email address;

(f)    contact telephone number (including a mobile telephone number);

(g)    payment card details; 

(h)    driving licence details, including:

      (i)    the country of issue (if not the UK);

      (ii)    driving licence number;

      (iii)    date of issue; and

      (iv)    date of expiry.

18.3    In the event that the User fails to keep their personal details up to date, DriveNow may temporarily suspend the User’s DriveNow account (and thereby their ability to hire and use Vehicles) until such time as the User corrects their personal details on the DriveNow Website.

18.4    The User must immediately inform DriveNow if they lose, damage or deface their driving licence, or if the same expires or is suspended. In such instances, DriveNow may temporarily suspend the User’s DriveNow account (and thereby their ability to hire and use Vehicles) until such time as the User revalidates their membership with the Customer Service Hotline. 

18.5    The User shall be liable to DriveNow for any damage or consequential loss arising and costs including legal fees incurred as a result of any breach by the User of this clause.

19    Data Protection Notice

19.1    DriveNow is the data controller for the purposes of applicable data protection laws.

19.2    In combination with the terms of our Privacy Policy (which forms part of these Terms and which can be accessed by clicking here), this clause sets out a summary of how DriveNow processes personal data. For further information, please contact DriveNow at dataprocessing@drive-now.co.uk.

19.3    In order to administer these Terms, carry out the blanket agreement and individual rental contracts, carry out identity verification and driving licence checks, and to monitor Vehicles, DriveNow has the right to collect, process and use your personal data, including (but not limited to) name, title, gender, date of birth, address, email address, driving licence number, photograph, payment card details, and mobile phone number, as well as contract-related information such as the place where the User starts and ends the individual rental contract and information relating to the time of the rental period (start, end and length of time the Vehicle is used). The processing of contract-related data, especially to determine and display current whereabouts, is carried out using the Google Maps API and is essential for the full provision and correct operation of all DriveNow services. Contract-related data is only transferred to Google in an anonymised form. 

19.4    For the purpose of ascertaining and resolving defects and errors and for the purpose of determining and processing damage claims for which DriveNow may be liable as owner of the Vehicle, DriveNow has commissioned BMW AG (BMW AG, Petuelring 130, 80788 Munich) to collect, process and use the following technical information: data concerning acceleration, data concerning speed, data concerning engine revs, data concerning driving mode, data concerning braking, and data concerning incidents that occur during every reservation. BMW AG will process this data separately from your personal data (as listed in Clause ‎19.3) for the aforementioned purposes and will transfer the data to DriveNow in pseudonymised form. DriveNow can link this data to User personal data (as listed in Clause ‎19.3) and identify the User as the driver. 

19.5    On behalf of DriveNow, BMW AG also collects, processes and uses the data listed in Clause ‎19.4 to ascertain a driving style score. BMW AG will process this data separately from your personal data (as listed in Clause ‎19.3) for the purposes set out in this Clause ‎19.5 and will transfer the data to DriveNow in pseudonymised form. DriveNow can link this data to User personal data (as listed in Clause ‎19.3) and identify the User as the driver. DriveNow uses this information to determine whether there has been a violation to the terms of contract and/or to traffic regulations, for which DriveNow is liable as owner of the Vehicle.

19.6    DriveNow uses tracking devices in some of its Vehicles. These devices collect data on the location, performance and operation (including driving behaviours) during the rental period of a Vehicle. This information is used by DriveNow to maintain the Vehicle, to investigate Vehicle damage or misuse, or to contact the relevant User in relation to use of the Vehicle. DriveNow may share this information with certain third parties including (but not limited to) DriveNow's insurance company and law enforcement bodies.

19.7    DriveNow uses forward facing dashcams in some of its Vehicles. These dashcams record images when the engine is turned on and when Vehicle damage or misuse is detected or suspected. DriveNow may share this information with certain third parties including (but not limited to) DriveNow's insurance company and law enforcement bodies.

19.8    DriveNow uses geofencing. Geofencing is a technology that defines a virtual territory with the help of GPS coordinates and draws a virtual boundary around this area. Geofencing has enabled DriveNow to chart the contractual area of operation within the UK. In the event of the User leaving or entering this charted territory with a Vehicle, the User’s position will be accessed by GPS, which can trigger a number of different signals. Besides positioning data for the virtual boundaries, the system also includes positioning data of (third-party) petrol stations, airports, areas in which it is allowed or forbidden to park or end a rental, and points of interest (POI), such as charging point or mobility stations. If the User approaches one of these places, a pop-up window may be displayed on the DriveNow Screen, informing the User about the specific nearby place. In the event that the User leaves the virtually charted contractual area of operation, DriveNow will be informed by a silent alarm. This system ensures adequate protection against theft. Geofencing is not used to establish a personal profile based on the User’s movements.

19.9    DriveNow uses push messaging to communicate directly with users of the DriveNow App. For this, DriveNow uses User’s personal data as listed in Clause ‎19.3, together with the GPS data from your mobile end device (if activated for the DriveNow App), for the purposes of providing the DriveNow service, advertising, market research and quality assurance. 
Push messages may contain the information:

(a)    the position of the nearest available Vehicle, if the User has activated the vehicle radar in the DriveNow App;

(b)    journey costs;

(c)    cleanliness rating of the Vehicle at the end of your rental;

(d)    information about changes made to the Terms and/or related to data protection; or

(e)    DriveNow services.

Push messages are only sent if the User has given consent, which is requested during the installation of the DriveNow App. The User can withdraw consent relating to push messages at any time in your DriveNow App settings, in the mobile end device settings.

19.10    Every Vehicle operates as a mobile traffic reporter due to the use of floating car data. This service is intended to collect information about the current traffic situation, which is transmitted via the BMW navigation and ConnectedDrive platforms in the Vehicle. For this purpose, positioning data and sensor data during the journey, together with the current time, will be transmitted to BMW AG and a traffic service provider in an anonymised form. 

19.11    Personal data is only processed and, in particular, only transferred to third parties if this is deemed necessary in the course of fulfilment of the blanket contract or individual rental contracts, or if the User has given your consent for DriveNow to do so. Personal data will only be transferred to public bodies, such as regulatory organisations and law enforcement authorities, in the event that it is legally permissible to do so. Furthermore, the User’s personal data may be disclosed on the basis of a legitimate interest to a claimant who has made claims against DriveNow as the keeper of the Vehicle on the basis of a traffic offence committed by the User. The legitimate interest results from the fact that there is no other way for DriveNow to avert the damage since the User is an anonymous driver to the claimant.

19.12    The processing of data as mentioned in this chapter will also be carried out by third parties that have been commissioned by DriveNow. DriveNow enters into contractual arrangements with these third-party providers to ensure that the User’s personal data is processed under the direction and control of DriveNow.

20    General Provisions, Choice of Law and Jurisdiction

20.1    These Terms, and any dispute or claim arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with English law.

20.2    The courts of England and Wales shall have exclusive jurisdiction in respect of any claims arising out of or in connection with these Terms (including any dispute regarding the existence, validity or termination of the same).

20.3    DriveNow intends to rely upon the Terms set out here (as amended from time to time). Applicants and Users should read the Terms clearly before accepting, and any changes to these Terms will need to be in writing and accepted by both parties. 

20.4    If any provision of these Terms is found to be illegal, invalid or unenforceable, such provision shall be severed and shall be inoperative, and the remainder of these Terms shall remain operative and binding. The contract language is English.

21    Vouchers

21.1    Promotional vouchers may only be used once and may not be copied or reproduced. After it has been redeemed the voucher becomes invalid. The voucher value will not be paid out in cash.

21.2    Vouchers must be redeemed through the DriveNow Website or the DriveNow App. To use the voucher, the promotion code must be entered at checkout when registering. 

21.3    When redeeming any vouchers, Applicants/Users will be made aware of the Terms. Use of any promotional vouchers or codes will be deemed confirmation of Applicant/User’s agreement to these Terms.

21.4    Vouchers may not be resold for trading or commercial purposes.

21.5    DriveNow reserve the right to withdraw or deactivate any voucher or promo code for any reason at any time.

21.6    If the voucher is lost or stolen, DriveNow shall not assume any liability for any potentially unlawful redemption of a voucher.

21.7    The voucher can only be redeemed in the country of the issuing company.